Mr.P.Hariharan v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.11.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Crl.O.P.No.16485 of 2015 Mr.P.Hariharan ... Petitioner Vs.

The Inspector of Police, K-1, Sembium Police Station, Chennai - 11.

... Respondent Criminal Original Petition filed under Section 482 Cr.P.C. to direct the respondent police to final report on the complaint dated 02.01.2013 and to give police protection as per the direction passed by this Court in Crl.O.P.No.16749 of 2013, dated 03.07.2013, according to law.

For Petitioner : Mr.R.Balasubramanian For Respondent : Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

This petition has been filed to direct the respondent police to final report on the complaint dated 02.01.2013 and to give police protection as per the direction passed by this Court in Crl.O.P.No.16749 of 2013, dated 03.07.2013 according to law.

2. The petitioner herein lodged a complaint against one Natarajan and his wife Dharani and his son and their henchmen stating that he purchased a house site directly from one Kothandarama Mudaliar through his power agent but the above said persons who are the brokers in the said area demanded to pay commission for the property purchased by the petitioner and they prevented the petitioner to construct the house and they forcefully trespassed into the house property and damaged the asbestos sheets, tiles and other materials worth about Rs.50,000/- kept in the premises for constructing the house and also attempted to kill the petitioner. Therefore, the petitioner made a complaint before the respondent police but the respondent https://hcservices.ecourts.gov.in/hcservices/

police did not entertain the complaint. Hence, the petitioner filed Crl.O.P.No.1757 of 2013 for a direction to register a case. When the matter came before this Court, the respondent police gave false instruction stating that the complaint in C.S.R.No.706 of 2012 was closed. The petitioner has given a complaint on 02.01.2013 but the respondent police has given the C.S.R., mentioning the year 2012 which shows that the respondent did not assign the CSR number on the complaint given by the petitioner. Hence, the petitioner filed Crl.O.P.No.16749 of 2013 to register the case and to give police protection and this Court, by order dated 03.07.2013, directed the petitioner to give a fresh complaint along with a copy of the said order within a period of one week from the date of receipt of a copy of the order and also directed the respondent police to conduct enquiry and proceed further in accordance with law. Accordingly, the petitioner also gave a fresh complaint on 05.08.2013. Since no action was taken, the present petition has been filed.

3. Today, when the matter is taken up for hearing, learned Additional Public Prosecutor submitted that after conducting enquiry, the petitioner's complaint was closed on 15.07.2015 and he has also produced a copy of the closure report.

4. Since, already the complaint given by the petitioner was closed, no positive direction as prayed for by the petitioner, could be granted. Hence, the criminal original petition stands dismissed. However, liberty is given to the petitioner to work out his remedy in the manner known to law.

vsi Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar To

1. The Inspector of Police, K-1, Sembium Police Station, Chennai - 11.

2.The Public Prosecutor, High Court, Madras.

CTK/CO KR/15/12 Crl.O.P.No.16485 of 2015 https://hcservices.ecourts.gov.in/hcservices/